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Del Mar Grandparent Rights Attorneys

Legal Advocates for Grandparents’ Rights in Del Mar

Under California law, grandparents do not hold the automatic right to visitation or custody of their grandchildren. If you are considering seeking custody or visitation of your grandchild, there are some circumstances under which the court would grant such a request. Doing so would require the assistance of an experienced Del Mar family law lawyer who could help you navigate each step of the process.

At Mattis Law, A.P.C., we are committed to helping families navigate some of the most complex legal issues, including grandparent visitation and custody cases in Del Mar. Founding attorney Amelia Mattis was named among the Top 10 Family Law Attorneys in California by the American Institute of Family Law Attorneys from 2017-2020 and included in the 2023 San Diego Super Lawyers Rising Stars list.

Reach out to us at (858) 328-4400 to learn more about your legal options.

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Overview of Grandparents’ Custody Rights

Parents have a fundamental right to raise their children, a right that family courts protect. Although grandparents do not have these rights, there are some circumstances in which they could pursue custody of their grandchild:

  • The child’s parents are unfit
  • The child’s parents agreed that the grandparents should have custody
  • The child’s parents are deceased

When deciding whether or not a grandparent should be granted custody, they will consider numerous factors to ensure the child’s best interests are protected, including:

  • The wishes of the parents and grandparents
  • The welfare of the child
  • The wishes of the child
  • History of neglect or abuse by the parents
  • History of substance abuse by the parents
  • The bond the child has with their grandparents
  • The distance between the grandparents and the parents
  • The ability of the parents and grandparents to provide for the child

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Obtaining Custody as a Grandparent in Del Mar

If you are seeking custody of your grandchild in Del Mar and the parents object to it, you will have to prove that they cannot care for their child or that the child would be in danger if they remained in their home. Although the factors considered in these cases are similar to any other custody case, the burden of proof is higher, which is why it is necessary to hire an experienced attorney to handle your case. There are different forms of custody available to grandparents, such as:

Legal custody refers to the guardian’s ability to make decisions regarding the child’s well-being. Physical custody refers to where the child would physically live. Joint custody would allow custody of the child to be shared. Sole custody would allow one legal guardian to be responsible for the child.

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Seeking Visitation Rights

In some cases, visitation rights may be more appropriate than custody. These are some of the circumstances in which grandparents can seek visitation rights:

  • The parents of the child are living separately for an indefinite period
  • A stepparent adopted the grandchild
  • One of the parent’s whereabouts is unknown
  • The child does not live with their parents
  • One of the parents backs up the petition for visitation

It is also essential to show that you have a strong relationship with your grandchild and that continuing to nurture that bond is in the child’s best interests.

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Consult a Trusted Del Mar Family Law Lawyer

If you are seeking custody or visitation rights of your grandchild, Mattis Law, A.P.C. can guide you through the legal process and support you every step of the way.

You can rely on our Del Mar legal team for compassionate and skilled legal counsel. Our top priority is ensuring you and your grandchild’s best interests are protected. We are passionate about the role we play in our clients’ lives and will give your case the attention it deserves, delivering custom-tailored solutions to fit your individual needs.

Call us at (858) 328-4400 to schedule a free initial consultation.

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Additional Information

(858) 328-4400